Cowden v. Addis, 6482.
| Decision Date | 12 February 1932 |
| Docket Number | No. 6482.,6482. |
| Citation | 55 F.2d 230 |
| Court | U.S. Court of Appeals — Fifth Circuit |
| Parties | COWDEN et al. v. ADDIS et al. |
Before BRYAN, SIBLEY, and WALKER, Circuit Judges.
The citation on appeal in this case was returnable October 31, 1931. Our rule XVI states: upon proceedings provided. Prior to October 31st a Judge of this court extended the time for filing the record to November 30, 1931. After the expiration of this extension, and on December 26, 1931, a judge of the court undertook to make a further extension. The appellees are moving a dismissal of the appeal on the ground that the record cannot now be filed under the rule, and because of a claimed estoppel to prosecute the appeal. The appellant resists dismissal and urges that his delay is excusable because he could not earlier procure funds to print the record. By the wording of the rule, a single judge has not authority to make an extension of time after the expiration of a former extension; therefore the extension of December 26, 1931, is ineffectual, and the appeal subject to be dismissed. The assembled court might waive the rule and permit docketing, in its discretion. But without regard to the disputed matter of estoppel, we think no sufficient cause to disregard the rule is shown. There was no need to print the record before filing it, and an appeal in forma pauperis rather than delay in perfecting the appeal is the remedy in cases of poverty.
Appeal dismissed.
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United States v. Barnett
...language, in my opinion, refers to an assembled court duly empaneled and authorized by law to hear and decide cases. Cf. Cowden v. Addis, 5 Cir., 1932, 55 F.2d 230. These orders were not considered or entered by an assembled court. For this reason they are, in my opinion, void. Other consid......
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RILLS'HEIRS v. A. Wilbert's Sons Lumber & Shingle Co.
...Beardsley v. Ark. & La. Ry. Co., 158 U.S. 123, 15 S.Ct. 786, 39 L.Ed. 919; Cox & Carpenter v. Little, 5 Cir., 53 F.2d 84; Cowden v. Addis, 5 Cir., 55 F.2d 230. The motion to docket and dismiss the appeal is * Rehearing denied April 14, 1938. ...
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United States v. Bowen, 19862.
...expired. The assembled Court might, in the exercise of its discretion, waive the rule and permit the cause to be docketed. Cowden v. Addis, 5th Cir. 1932, 55 F.2d 230. No reason is assigned for not making application to this Court for an extension until after the time had expired. No reason......